H1b Maintenance of Status RFE

I have been working for company A since 2011 on H1b. There was an off shoot (company B) from the parent company in 2014 with common investors.

I worked very closely with company B and their customers to gather software requirements for company A. I I also helped them build their internal processes and technology.

In last couple of years there was a void in company B’s leadership and since we had common investors they used my name as a placeholder until they hire a new leader.

I have never been paid by company B and have payroll records from company A to prove this. Now in 2019 company B is growing and is in need for an engineering lead, so I filed for H1b transfer from company A to company B. USCIS has come back with a non immigrant status RFE stating that they believe I have been working concurrently in both companies.

Here are my questions:

  1. If I respond to the rfe and they deem me out of status what are the implications?
  2. If we withdraw the application without answering to the RFE, does that impact any future transfer filings?
  3. What is the worst case scenario?



  1. Well, they could revoke your petition saying that it was not filed properly as per the job requirements and duties, so could lose your previous H1B and if it was your first H1B with them as it maybe considered as revoked due to misfiling or fraud…and you may have to go through lottery again.
  2. I would suggest you discuss with your attorney on the implications.
  3. Worst case is that they may deny it and you have to leave…also, if first h1B, then you may need to go through lottery…again, dont panic discuss with your attorney on how it was filed and see how it can be worked out as your company setup is different…